Disrespect court and you will be punished

January 28 was just any other day in court for Paul Musoke, a senior Ministry of Education official, as he attended a court session at Buganda Road Court that involved his sister-in-law Hasifah Nakayenge.
Little did he know that his mobile phone which he had not switched off or put on silent, would land him into trouble after it rang and disrupted court proceedings.
He was convicted and sentenced to a cash fine of Shs50,000 or default be jailed for three days in Luzira prison.

Another case
Similarly, a journalist with Pearl FM, fell victim of this charge of contempt of court as his phone rang twice in court. He had earlier been warned to switch off his phone but did not heed to the court’s directive.
When his phone rang again, Buganda Road Court Chief Magistrate Lillian Bucyana had no option and kind words for him as she ordered for his arrest and she eventually convicted him and sentenced him to a fine of Shs100,000 or be jailed for two weeks.
The journalist who is expected to know these court manners, opted to pay the fine before he regained his freedom.
Many people, however, do not have any idea that certain acts could get them in trouble and therefore fall victim.

So what is contempt of court?
Contempt of court refers to any conduct of an individual that may disrespect or insult the authority or dignity of the court.
In most cases such misbehaviour disrupts court proceedings as such actions are perceived to be a hindrance to administer justice.
These powers are vested in the judicial officer (judge or magistrate) who can convict and sentence you to an appropriate sentence if one disrupts his/her sessions. In short, the judicial officer acts as a prosecutor and judge in convicting and sentencing the culprit.
Explaining this scenario, Erias Kisawuzi, the Judiciary spokesperson says charge of contempt of court was put in the law books purposely to protect the dignity of the court and also enforce discipline.
He, however, stresses that the judicial officers should exercise these powers vested in them sparingly as they could end up locking up almost everyone due to contempt of court.
“Contempt of court is meant to protect the dignity of the court and also enforce discipline. The judicial officer is at the same time a prosecutor and a judge as he/she has the discretion to convict and sentence the victim…” says Kisawuzi
He adds: “contempt of court should be cautiously handled and fines should be given in the extreme cases of extreme disturbances of the court.”

Who can disrespect court and what are the types of contempt?
Anybody can be charged for disrespecting court including state attorneys, litigants, witnesses, court assessors, people in or around a proceeding, and officers or staff of the court or the court itself. Contempt of court surfaces in two forms.
Criminal contempt is the form of contempt that happened to the journalist and the ministry official.
Under this kind of contempt, the punishment given by the judicial officer serves to deter future acts of contempt by punishing the offender.
The person who commits this kind of contempt is fined and incarcerated once he/she defaults to pay the fine.
Further, criminal contempt charges become separate charges from the underlying case in instances where the person being charged for contempt was facing other charges during the court proceedings when the contempt happened.
The second form of court contempt is civil contempt. This involves the failure of someone to comply with a court order. The judicial officers use civil contempt sanctions to coerce such a person into complying with a court order that he/she had not complied with. For example when a person refuses officers to enter a premises yet said officers had a court order.
If you visit court, you now know what to avoid lest you get in trouble.

behaviour that could get you in trouble

Erias Kisawuzi, the spokesperson of the Judiciary explains behaviours that constitute contempt of court:
If your phone rings during court proceedings.
Speaking in court without permission of the judicial officer.
Talking directly to a judicial officer without their permission when you are not a lawyer on that case.
Sitting with your legs crossed at the knees.
Eating food inside the courtroom.
Reading literature such as novels and newspapers.
Starting up a conversation with colleagues when court is going on.
Not bowing your head (prostration) as you enter court or exit.
Yelling at the judicial officer in a way that hampers the court’s ability to function and brings disrespect on the court.